HomeMy WebLinkAbout17- Temporary Construction Easement - FPR Properties, LLC - Bozeman to Bridger Mountains Trail MTE
MONTANATIT AND EsCROW
ORDER PLATTED 1
2598747
Page: 1 of 5 11/15/2017 03:02:48 PM Fee. $35.00
Charlotte Mills - Gallatin County, MT MISC
Return to: 111111 IN 11111111111111111111111111 III 11111111111111111111111
DOWL
2090 Stadium Drive
Bozeman, MT 59715
�oF-8 2� PROJECT NAME: BOZEMAN TO
CITY OF BOZEMAN BRIDGER MOUNTAINS TRAIL
r, xk Department of Parks and Recreation
TOP Program PROJECT#: FHWA MT DOT 86(1)
* r
8 yr PARCEL#: 025C
co tM1O� TEMPORARY CONSTRUCTION
EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
This TEMPORARY CONSTRUCTION EASEMENT is granted as of { // 2017 (the
"TCE"), by FPR PROPERTIES, LLC, an Ohio limited liability company, whose address is 181 Brass
Lantern Court, Bozeman, Montana 59715 ("Owner"), for and in consideration of Ten and No/100 Dollars,
and other valuable consideration, in hand paid, to the CITY OF BOZEMAN, a municipal corporation of the
State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715 (the "City"), a
temporary construction easement with the following considerations:
WHEREAS, the Owner is the owner of the following real property:
Tract E of Certificate of Survey no. 1154-A, located in the SE'/of Section 28, and the NE'/4 of Section
33, Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana, according to the official
survey thereof on file and of record in the office of the county clerk and recorder of Gallatin County,
Montana ("Owner's Land")
WHEREAS, the City desires to obtain a temporary construction easement to perform the
activities described below upon the following portion of the Owner's Land, and as the same is more
particularly described and shown on the attached Exhibit A(the "Easement Land");
Parcel 025C
Beginning at the Southwest corner of the easement herein described, being a point on the North
right-of-way of Bridger Canyon Road, which point bears S 11' 26' 04" E, 7.84 feet from a 1.5 inch
aluminum cap road right-of-way monument marked 5653ES, said point of beginning; Thence, from
said point of beginning, N 11' 26' 04" W, 20.07 feet along the West line of said tract; Thence, N 83'
29' 32" E, 294.03 feet; Thence, S 88' 12' 18" E, 388.40 feet; Thence, S 880 47' 34" E, 154.61 feet;
Thence, N 390 03' 33" E, 20.00 feet; Thence, N 07' 11' 30" E, 636.00 feet; Thence, S 82' 48' 30" E,
40.00 feet; Thence, S 07' 11' 30" W, 647.42 feet; Thence, S 39' 03' 33" W, 40.01 feet to the North
right-of-way of Bridger Canyon Road; Thence, N 52' 47' 05" W, 19.27 feet along the North right-of-
way of Bridger Canyon Road; Thence, N 880 47' 34" W, 165.44 feet along the North right-of-way of
Bridger Canyon Road; Thence, N 88' 12' 18" W, 387.05 feet along the North right-of-way of Bridger
Canyon Road; Thence, S 83' 29' 32" W, 290.85 feet along the North right-of-way of Bridger Canyon
Road to the point of beginning, and containing 1.005 acres, more or less, as shown on Exhibit A of
this instrument and designated as Parcel 025C;
CITY OF BOZEMAN PROJECT NAME:BOZEMAN TO BRIDGER MOUNTAINS TRAIL Parcel 025C
PROJECT#:FHWA MT DOT 86(1) Page 1 of 5
WHEREAS, the Owner is willing to grant a temporary construction easement to the City upon
the Easement Land upon the terms and conditions set forth in this TCE.
NOW THEREFORE, in consideration of the recitals and covenants herein contained, and for
other valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows:
Section 1. The Owner hereby grants to City a temporary easement for the period of time
beginning on the date of this TCE, and ending three (3) years later (the "Expiration Date") to enter the
Easement Land, on a non-exclusive basis, for the sole and specific purpose of the following: (i) removing
from the Easement Land the existing fence set forth in more detail on Exhibit A attached to this Agreement
(the "Existing Fence"); and (ii) purchasing, constructing and installing a new fence in accordance with the
specifications and details for the Bozeman to Bridger Mountains Trail project MT DOT 86(1), and at the
locations set forth in more detail on Exhibit A attached to this Agreement (the "New Fence") (the easement
described in this Section 1 being referred to herein as the "Easement" and the work described in this
Section 1 relative to the removal of the Existing Fence and installation of the New Fence, being referred
to herein as the "Project"). The Easement shall expire and be of no force and effect as of the Expiration
Date. The City represents and warrants to the Owner that the Project, together with all of its obligations
hereunder, shall be fully completed by the Expiration Date. The rights granted herein shall not be
construed to interfere with or unreasonably restrict the Owner's use of the Easement Land. Furthermore, the
City agrees that the Project will be constructed or installed so as not to unreasonably interfere with the use of
the Owner's Land.
Section 2. Upon completion of the Project, the City agrees to restore the Easement Land (and any
portion of the Owner's Land damaged as a result of the Easement granted hereunder) as nearly as possible
to its original condition. At the Expiration Date, the entirety of the completed Project (including but not limited
to the New Fence, grading, plantings and other improvements constructed thereon by the City) within the
Easement Land, shall be considered accepted and become permanent property of the Owner.
Section 3. The City agrees to indemnify, and hold Owner harmless from, any and all liability that
may result or arise from: (i)the City's exercise of the rights granted to it hereby, or(ii)any breach of the City's
obligations hereunder.
Section 4. The City agrees that upon completion of the Project, and except for changes to the
Easement Land necessitated by the Project, it shall (at its cost) restore the Easement Land (and any
portion of the Owner's Land damaged as a result of the Easement granted hereunder) as nearly as
possible to its original condition.
Section 5. The Owner hereby covenants with the City that except as otherwise provided in this
TCE: (i)the Owner has good title to the Easement Land, and (ii) the City shall have quiet and peaceable
possession of the Easement until the Expiration Date.
Section 6. The City may not assign or transfer this TCE or the rights granted it hereunder.
Section 7. The rights granted herein shall not be construed to interfere with or unreasonably restrict
the Owner's, or its successors and assigns, use of the Owner's Land or the Easement Land including,
without limitation,the right of ingress or egress from the same.
CITY OF BOZEMAN PROJECT NAME:BOZEMAN TO BRIDGER MOUNTAINS TRAIL Parcel 025C
PROJECT#:FHWA MT DOT 86(1) Page 2 of 5
FPR PR¢PER IE LLC, an Ohio limited liability company
y: Randy Theken
Title: Member of FPR Properties, LLC
ACKNOWLEDGMENT OF OWNER
STATE OF
ss
County of &f�_)
On this 116 day of v 2017, before me, the undersigned, a Notary Public in and for the
said State, personally appe red Randy Theken of FPR PROPERTIES, LLC, an Ohio limited liability
company, whose title is Member, who acknowledged that he did sign the foregoing Temporary Construction
Easement on behalf of such company, and by authority of said company, and that the same is his voluntary
act and deed on behalf of said company, and the voluntary act and deed of said company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed icial seal this day and year
above written.
ANTHONY GADDO
pNY C, '
`' bo%o Notary Public No ublic in and for the State of /,Vl on ►�
Q.�oTnR�y�.o--for the State of Montana
My Commission Expires:
_ Residing at: °�
_Np.SF,J.,. r- Bozeman, Montana
OFMO� My Commission Expires:
January 30,2019
CITY OF BOZEMAN PROJECT NAME:BOZEMAN TO BRIDGER MOUNTAINS TRAIL Parcel 025C
PROJECT#: FHWA MT DOT 86(1) Page 3 of 5
JOINDER AND CERTIFICATE OF ACCEPTANCE BY CITY
THIS IS TO ACKNOWLEDGE AND CERTIFY that the CITY OF BOZEMAN, a municipal corporation
of the State of Montana (referred to as "City" in this "Joinder and Certificate of Acceptance by City", as
well as in the Temporary Construction Easement of which this "Joinder and Certificate of Acceptance by
City" is a part (the `TCE")), acting by and through its Acting City Manager and City Clerk for the City of
Bozeman, hereby: (i) acknowledges and agrees that it is a party to the TCE; (ii) agrees to abide and
comply with the TCE in accordance with its terms and conditions; (iii) acknowledges, agrees to and
accepts the granting of the "Easement" (as defined in the TCE) to it in accordance with the terms and
conditions of the TCE; and (iii) consents to the recordation of the TCE.
CITY OF BOZEMAN
By. Yea Su►N�tas Date:
8s k4erinT City Manager
ATTEST:
BO2 a
�,`
By: Robin Crough
City Clerk
IV co
ACI<WbWLEDGMENT OF CITY
STATE OF MONTANA )
)ss.
County of Gallatin
�llr�a St.�Wa#'
The foregoing Temporary ConstructionnjEasement was acknowledged before me this _T day of
20 f7 by Benrris—Tagtffr and Robin Crough, known to me to be the City
Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to this
Temporary Construction Easement, and acknowledged to me that they executed the same for and on
behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year
above written.
BRENDA SWEENEY \
�x• Notary Public Notary Public in and for the St e f Montana
'mQ NOTAkol4..c=for the State of Montana My Commission Expires: /
Residing at:
; P .SF,Ai,.�Q; Bozeman, Montana
9 v; My Commission Expires:
Dcccmr,rr 02, 24'18
CITY OF BOZEMAN PROJECT NAME:BOZEMAN TO BRIDGER MOUNTAINS TRAIL Parcel 025C
PROJECT#:FHWA MT DOT 86(1) Page 4 of 5
CURRENT OWNER: TRACT E OF
FPR PROPERTIES, LLC C.O.S. 1154-A
181 BRASS LANTERN COURT OF SEC 33, T1S, R6E
BOZEMAN, MT 59715
77\\\ \\\ 177
EXISTING \\\ \\\ \
\\\\ \\\\ \\\
\ L1 N 11'
26 04 . PROPERTY W, 20.07 FEET \\\ \\\\ \\\
\\ L2 N 83° 29' 32" E, 294.03 FEET `�\\\\LINE \\ �7\ \\\\
\\L3 S 88° 12' 18" E, 388.40 FEET \\\ \\\\ \\ \\\ \\
\\L4 S 880 47' 34" E, 154.61 FEET \\\\\\ \\\\\\ \\\\\\
\ L5 N 39° 03' 33" E, 20.00 FEET
\ L6 N07° 11' 30" E, 636.00 FEET
\\L7 S 82° 48' 30" E, 40.00 FEET \\\\\\\\ \\\ \\\\\
L8 S 07° 11' 30" W, 647.42 FEET
IN
N \\ L9 S 390 03' 33" W,40.01 FEET
U \L10 N 52° 47' 05" W, 19.27 FEET \\\\\\ \\\ \\ \\
\\L11 N 88° 47' 34" W, 165.44 FEET \\\\\\\\\\\ca \\\\
\ L13 S 83° 29' 32" W, 290.85 FEET \\\\\\ 40.0'�� \\\
\\\\ \\\\\\\\\\ PARCEL 025C TCE \\\\ \\\\
\ \\ NEW \\\\\\\\ NEW TEMPORARY \\\\\ \\\\\
FENCE \\\\\�\\\ CONSTRUCTION
\\\ \\\\\
\ \\ \ \ \ \ \ \ EASEMENT \\ \\ \\\
\\ \\\ \\\\ \\\ \\\\ \\\ \\\ \\\\ \\L5 \ \\\
\\\\\1�\ \\\\
..,_
\ POB BRIDGER CANYON ROAD L10
L9
EXISTING FENCE
R/W LEGEND
®EXISTING EASEMENT EXISTING EASEMENT
r7777NEW TEMPORARY
CONSTRUCTION EASEMENT
AREA REMAINING
A TEMPORARY CONSTRUCTION EASEMENT TO THE CITY OF BOZEMAN, LOCATED IN
TRACT E OF CERTIFICATE OF SURVEY NO. 1154-A, LOCATED IN THE SE'/ OF SECTION 28,
AND THE NEY4 OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 6 EAST, P.M.M., GALLATIN
COUNTY, MONTANA, ACCORDING TO THE OFFICIAL SURVEY THEREOF ON FILE AND OF
RECORD IN THE OFFICE OF THE COUNTY CLERKAND RECORDER OF GALLATIN COUNTY,
MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHWEST CORNER OF THE EASEMENT HEREIN DESCRIBED, BEING
A POINT ON THE NORTH RIGHT-OF-WAY OF BRIDGER CANYON ROAD, WHICH POINT BEARS
S 11° 26' 04" E, 7.84 FEET FROM A 1.5 INCH ALUMINUM CAP ROAD RIGHT-OF-WAY
MONUMENT MARKED 5653ES, SAID POINT OF BEGINNING; THENCE, FROM SAID POINT OF
BEGINNING, N 11° 26' 04"W, 20.07 FEET ALONG THE WEST LINE OF SAID TRACT; THENCE, N
83° 29' 32" E, 294.03 FEET; THENCE, S 880 12' 18" E, 388.40 FEET; THENCE, S 88°47'34" E,
154.61 FEET; THENCE, N 39° 03' 33" E, 20.00 FEET; THENCE, N 07° 11' 30" E, 636.00 FEET;
THENCE, S 820 48' 30" E, 40.00 FEET; THENCE, S 07° 1 T 30"W, 647.42 FEET; THENCE, S 39°
03' 33"W, 40.01 FEET TO THE NORTH RIGHT-OF-WAY OF BRIDGER CANYON ROAD; THENCE,
N 52° 47' 05"W, 19.27 FEET ALONG THE NORTH RIGHT-OF-WAY OF BRIDGER CANYON
ROAD; THENCE, N 88° 47' 34" W, 165.44 FEET ALONG THE NORTH RIGHT-OF-WAY OF
BRIDGER CANYON ROAD; THENCE, N 88° 12' 18"W, 387.05 FEET ALONG THE NORTH
RIGHT-OF-WAY OF BRIDGER CANYON ROAD; THENCE, S 83° 29' 32"W, 290.85 FEET ALONG
THE NORTH RIGHT-OF-WAY OF BRIDGER CANYON ROAD TO THE POINT OF BEGINNING,
AND CONTAINING 1.005 ACRES, MORE OR LESS.
® RIGHT OF WAY REQUIRED FOR PROJECT 4524.11402.06
BOZEMAN TO BRIDGER MOUNTAINS TRAIL DATE 6/16/2017
p Q W L GALLATIN COUNTY, MONTANA
PARCEL 025C EXHIBIT A
2080 Stedlum Vivo B�amen,Montane 59715
40S58GBB34 www.aow.om NE 1/4 SEC 34, T1S R5E P.M.M. Page 5 Of 5